Location: Indiana, USA
TLDR Used Car dealer sold car as is and customer had problems with car. We gave loaner and had mechanics look at car no charge. Repairs would be expensive so offered to put him in a same priced car of his choice. When he came down to pick car he was rude, telling others not to get cars so we rescinded the offer of swapping cars and driving a loaner. Do these acts of goodwill obligate us as a company when we are going beyond the contract to the customers benefit?
I operate a small used car dealership that sells our vehicles as is. A customer purchased a vehicle and had issues with that vehicle the day that they purchased it. I reminded the customer that the vehicle is as is but I would give them a loaner vehicle for the day and I will have my mechanic see what the problem is at no charge. The vehicle had a coolant leak and the car was driven while overheating causing engine damage and would need major repairs. I called customer and told them that they could pick a vehicle with the same price and I would swap the car no charge or pay the difference in price if they wanted a more expensive vehicle. They can come down today or continue using the loaner until next week when I get more inventory. When the customer came down they were upset and yelling on the lot about how bad the company was and telling customers that we had that day not to get cars. I took the loaner vehicle keys from him and told him we would no longer be swapping him cars he can keep the vehicle he purchased initially. Am I obligated to swap this guy cars still?
Police got involved and the police asserted that it does obligate me. I would like to continue doing these goodwill favors that go beyond what we offer in the contract. However not at the expense of being obligated to help someone that is metaphorically stabbing me in the back as I try to do, what I believe is, the right thing to do.
Comments
NYL/DWTB. You may have initiated an “implied warranty” by offering to replace the vehicle. Additionally the terms of the contract of the initial sale would need to be throughly reviewed. You need to consult a lawyer. Preferably the one that created your base contract terms originally (hopefully this was done).